Aceves v. Felts, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-30235
Conference Calendar
ENCISO RODRIGO ACEVES,
Plaintiff-Appellant,
versus
CHARLES T. FELTS; MARKLEY, Officer;
GREIR, Special Investigator Supervisor,
Defendants-Appellees.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 03-CV-632
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Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM:*
Enciso Rodrigo Aceves, federal prisoner #17690-198, appeals
the dismissal for failure to exhaust of his pro se action under
Bivens v. Six Unknown Named Agents of Federal Bureau of
Narcotics, 403 U.S. 388 (1971), in which he alleged that the
defendants failed to protect him from an attack by fellow
inmates.
Because Aceves’s appeal to the Bureau of Prisons General
Counsel was pending at the time that he filed the instant suit,
United States Court of Appeals
Fifth Circuit
F I L E D
August 18, 2004
Charles R. Fulbruge III
Clerk

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No. 04-30235
-2-
the district court did not err in dismissing the action for
failure to exhaust. See 42 U.S.C. § 1997e(a); Porter v. Nussle,
534 U.S. 516, 524 (2002); Powe v. Ennis, 177 F.3d 393, 394 (5th
Cir. 1999). Aceves’s ignorance of the law or his lack of legal
assistance does not relieve Aceves of his obligation to exhaust
available administrative remedies. See Fisher v. Johnson, 174
F.3d 710, 712-14 (5th Cir. 1999); Tighe v. Wall, 100 F.3d 41, 43
(5th Cir. 1996). The judgment of the district court is AFFIRMED.

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